Applying for Legal Aid

Each application for legal aid is assessed by applying a means test, merits test and guidelines test. To be successful, an application must pass all three tests. These tests are explained for the Public and for Lawyers.

Legal Aid for Lawyers

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Litigation Funds

Litigation funds operate by lending you the money required for your case as it progresses. They do not cover any costs that may be awarded against you. They either receive a proportion of anything that you win in your case or they charge you an interest rate that reflects the risks involved for them.

Law Society

The South Australian Law Society Litigation Assistance Fund assists with civil cases, where clients are unable to pay legal expenses. The Fund will assist applicants from the investigation stage right through to an appeal.

The types of cases to date include commercial disputes, inheritance claims, insurance contract disputes, professional negligence claims, public liability and personal injury matters. The Fund does not assist with criminal, family or de facto matters.

Private Funding

There are private companies that will "back" similar cases to the Law Society, and also Family and De Facto matters. See your solicitor to see if they have arrangements with any of these companies.

"Free" First Interview

Never choose a lawyer on the basis of a "Free First Interview". There is little cost in seeing a solicitor of your choice to find out if you have a case worth pursuing or whether it is the sort of case that you should handle yourself.

If you have a serious case, the cost of the first interview is "the tip of the iceberg".

No Win No Fee

Many personal injury lawyers offer "No Win - No Charge" or "No Win, No Fee" legal services when they believe that a case is reasonably likely to be successful.

It is not a free service. When a successful outcome is achieved (i.e. you are awarded money or perhaps another benefit of some kind), a success fee, or contingency fee is also usually applied. Read through the agreement between you and your lawyer carefully and discuss any questions you may have with your lawyer.

Again, never choose a lawyer on the basis of a "No Win No Fee" arrangement. Choose the best lawyer for you and discuss the issue of costs with them.

JusticeNet SA

JusticeNet SA is a not-for-profit association which operates a pro bono legal assistance scheme in South Australia. Eligible individuals and not-for-profit organisations are matched with an appropriate solicitor or barrister who is willing to act pro bono (for free). JusticeNet has been established to improve access to justice by referring financially disadvantaged South Australians to a "safety net" of member firms and barristers where other legal services are not available.

How does JusticeNet work with South Australian firms?

JusticeNet has been established to facilitate the efficient and coordinated delivery of pro bono legal assistance. JusticeNet provides a screening process for member firms and barristers. Only meritorious and thoroughly scoped requests for assistance are referred to JusticeNet members who specialise in the relevant area of law. JusticeNet also collaborates with existing legal services to ensure that only applicants that do not qualify for legal aid or are ineligible for help from other community legal services are referred by JusticeNet.

Benefits of Pro bono work

Pro bono work has tangible benefits for law firms, including increased staff satisfaction and morale, assisting with staff retention. Pro bono legal work provides staff with a variety of legal work and the satisfaction derived from using their legal expertise to help the community.

More Information

For more information about membership of JusticeNet or our referral scheme please contact JusticeNet on (08) 8303 5005 or email info@justicenet.org.au.

Pro Bono Publico

This is a phrase derived from Latin meaning "for the public good." It describes professional work undertaken by lawyers voluntarily and without payment, as a public service. Unlike traditional volunteerism, pro bono service leverages the specific skills of professionals to provide services to those who are unable to afford them.

There is no formal system for this in South Australia. Lawyers make their own individual decisions as to the circumstances and extent to which they do this. Often it involves work for clubs and associations.